Can I take backup appointment in Mumbai?

techie007

Registered Users (C)
Hello All,

I have a unique situation. You reply will be really appreciated.

We came to USA 2 years back. Our H1 and H4 visa stamp was valid till April 2006. We applied for extension which got approved and now we have extension papers till 2008. We thought we will stamp our visa in our next visit to India.

In the meantime I applied for my wife's H4 to H1 COS this year which got approved. Now we want to take visa stamping appointment dates in Mumbai Consulate. I am planning to take 2 separete appointments one for my wife's H1 and one for my self. But as a backup plan I also want to take my wife's H4 Appointment(in case her h1 is denied). So my question is, can I take her H1 appoitnment and also my H1 appoitnment (after 7-8 days) where I will say dependant will accompany me for stamping? If she gets her h1, can I go alone to do my stamping,evenif in the application I said my wife will accompany me?

Please help.

Shriram
 
I have a unique situation. You reply will be really appreciated.

We came to USA 2 years back. Our H1 and H4 visa stamp was valid till April 2006. We applied for extension which got approved and now we have extension papers till 2008. We thought we will stamp our visa in our next visit to India.

In the meantime I applied for my wife's H4 to H1 COS this year which got approved. Now we want to take visa stamping appointment dates in Mumbai Consulate. I am planning to take 2 separete appointments one for my wife's H1 and one for my self. But as a backup plan I also want to take my wife's H4 Appointment(in case her h1 is denied). So my question is, can I take her H1 appoitnment and also my H1 appoitnment (after 7-8 days) where I will say dependant will accompany me for stamping? If she gets her h1, can I go alone to do my stamping,evenif in the application I said my wife will accompany me?


Hello Shriram

What are you trying to do, get H1 and H4 for your wife. Be assured that if one visa is issue the earlier visa stands cancelled

You seem to be trying too many tricks by virtue of playing safe. If you get your H1 your wife's H4 will not be denied (may be there will be processing issues, if any).

Apply either for H1 or H4 for your wife and not both. The Consulate offices and the VO are very much aware of all these situations of dual applications and double appointments

You may achieve your goal but also put yourself into confusing situations

Hope this helps, else drop into the forum

Subramanya
 
Thanks for the reply.

Can you suggest any other better option if my wife's H1 gets rejected?
Right now I am getting appointment for Dec. If I take her H1 appointment for Dec and and if her H1 gets rejected we are in soup as her current H4 is also expired. She will have to wait for 6 months to for H4 and them come back to USA.

Please help.

Shriram
 
Visa Stamping

Thanks for the reply.

Can you suggest any other better option if my wife's H1 gets rejected?
Right now I am getting appointment for Dec. If I take her H1 appointment for Dec and and if her H1 gets rejected we are in soup as her current H4 is also expired. She will have to wait for 6 months to for H4 and them come back to USA.

Please help.

Hi Shriram,

I would go by the following options

Is your wife's H4 approved and does she have a I-797 form with her along with I-94 and as you say in the earlier post it is valid till 2008. Is this right? Then she is in status. While in India take a H4 visa based on your H1 visa status (i.e. by taking an appointment for her as a dependent, that way she can return to US)

Do not apply for H1 visa for your wife as of now. Just (let her) keep the approval notice in hand and after returning to US seek an appointment in Canada and go for the H1 approval (for her)

Does this sound logical? Hope so. Else, visit the forum once again. Need more information you can email me at my contact profile

Subramanya
 
Last edited by a moderator:
Hi,

If I bring my wife on H4 she will not be able to work.
So When I am going to India , I want to get her H1 stamped as her h4 to h1 COS is approved from 1st Oct and we have a valid petition.

My only worry is what happens if H1 is denied for some reason. She will not be come to USA AT ALL as her h4 is also expired. So taking H4 appointment at that time will be too late (cosidering wait period).

So my question is

can I take H1 and then (after 10 days) H4 visa appointment for my wife. She will not go for H4 if H1 is stamped. (I dont want to get both visas stamped).

Can I take two types of visa appoitnment for the same person?

Gurus Please advice.
 
Multiple Visa Appointments

Hi,

If I bring my wife on H4 she will not be able to work.
So When I am going to India , I want to get her H1 stamped as her h4 to h1 COS is approved from 1st Oct and we have a valid petition.

My only worry is what happens if H1 is denied for some reason. She will not be come to USA AT ALL as her h4 is also expired. So taking H4 appointment at that time will be too late (cosidering wait period).

So my question is

can I take H1 and then (after 10 days) H4 visa appointment for my wife. She will not go for H4 if H1 is stamped. (I dont want to get both visas stamped).

----- Once H1 (or for that matter any visa) is issued, all other visas stand invalid. If your wife has the approval notice and appears for the interview with all the relevant documentation the only thing that can happen is some processing issues/administrative matters etc.

Your wife may be allowed to appear for the H4 interview but she will be subject of question for applying for H1 and then why H4. By the time you figure and explain the situation, the VO will only send you for AAO (additional administrative processing)

If your wife appears for the interview from US since it is a COS, she will be given the visa except for AP (Administrative Processing) and there may be a delay by hte time she is issued the visa. You will have to bear this delay

Can I take two types of visa appoitnment for the same person?

Yes, you can take two types of appointment but of course for each appointment you will pay the fees

Hope this answers your concerns, else visit the forum

Subramanya
 
Thanks for the answers....

subramanya said:
Hi,

If I bring my wife on H4 she will not be able to work.
So When I am going to India , I want to get her H1 stamped as her h4 to h1 COS is approved from 1st Oct and we have a valid petition.

My only worry is what happens if H1 is denied for some reason. She will not be come to USA AT ALL as her h4 is also expired. So taking H4 appointment at that time will be too late (cosidering wait period).

So my question is

can I take H1 and then (after 10 days) H4 visa appointment for my wife. She will not go for H4 if H1 is stamped. (I dont want to get both visas stamped).

----- Once H1 (or for that matter any visa) is issued, all other visas stand invalid. If your wife has the approval notice and appears for the interview with all the relevant documentation the only thing that can happen is some processing issues/administrative matters etc.

We have all her documents ready but I heard people saying that if we go for h1 stamping without paystubs(which is our case as we are planning to go in SEPT), there are chances that it may get rejected.

Your wife may be allowed to appear for the H4 interview but she will be subject of question for applying for H1 and then why H4. By the time you figure and explain the situation, the VO will only send you for AAO (additional administrative processing)

I will take H1 appointment first and she will appear for H4 ONLY IF her h1 is denied. Do you think in that case also VO will send AAO?


If your wife appears for the interview from US since it is a COS, she will be given the visa except for AP (Administrative Processing) and there may be a delay by hte time she is issued the visa. You will have to bear this delay

I am sorry but I couldnt understand this remark. Yes my wife's case is COS from H4 to H1, but what do you mean by AP. I never heard of it......does it apply to all COS cases

Can I take two types of visa appoitnment for the same person?

Yes, you can take two types of appointment but of course for each appointment you will pay the fees

Hope this answers your concerns, else visit the forum

Subramanya
 
Visa Stamping

So my question is

can I take H1 and then (after 10 days) H4 visa appointment for my wife. She will not go for H4 if H1 is stamped. (I dont want to get both visas stamped).

----- Once H1 (or for that matter any visa) is issued, all other visas stand invalid. If your wife has the approval notice and appears for the interview with all the relevant documentation the only thing that can happen is some processing issues/administrative matters etc.

We have all her documents ready but I heard people saying that if we go for h1 stamping without paystubs(which is our case as we are planning to go in SEPT), there are chances that it may get rejected.

----- If this is the first time that your wife is appearing for H1 then the question of paystubs does not arise as there are no paystubs. You will people say all kinds of things but paystubs are generated only after you started working on H1.

Your wife may be allowed to appear for the H4 interview but she will be subject of question for applying for H1 and then why H4. By the time you figure and explain the situation, the VO will only send you for AAO (additional administrative processing)

I will take H1 appointment first and she will appear for H4 ONLY IF her h1 is denied. Do you think in that case also VO will send AAO?


If your wife appears for the interview from US since it is a COS, she will be given the visa except for AP (Administrative Processing) and there may be a delay by hte time she is issued the visa. You will have to bear this delay

I am sorry but I couldnt understand this remark. Yes my wife's case is COS from H4 to H1, but what do you mean by AP. I never heard of it......does it apply to all COS cases

----- The term AP is administrative processing meaning thereby that further enquiries need to be conducted to ascertain the background information of the candidate. The issues range from fingerprinting [for example to rule out criminal records (please understand that you will be having a clean record)], earlier status could not be verified as the information was not clear and updated (for example length of stay in US) and other such matters. All these matters fall under AP or even AAP (earlier term of AAO was wrong, please forgive)

Can I take two types of visa appoitnment for the same person?

Do not worry, just go for the H1 visa interview and your wife will be successful and both of you can come to US with H1bees in your pockets.

Yes, you can take two types of appointment but of course for each appointment you will pay the fees

Hope this answers your concerns, else visit the forum

Subramanya
 
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